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T-16 - Courts of Justice Act
Section 231
Disposition versions
231. The average salary of a judge is the average salary of his three best remunerated years of service or, if he has less than three years of service, the average salary of all his years of service.
To determine the average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed in the orders made under section 115 or 199 up to the annual salary required, for the purposes of subparagraph 2 of the first paragraph of section 230, to arrive at the defined benefit limit applicable for each year under the Income Tax Act (R.S.C 1985, c. 1, (5th Suppl.)). However, the additional remuneration attached to the office of chief judge, senior associate chief judge, associate chief judge, president of the Human Rights Tribunal or chairman of the Professions Tribunal shall be included in those salaries only if the judge has held such an office for at least seven years. The remuneration paid to a coordinating judge, associate coordinating judge or judge responsible for the professional development of judges of the Court and any other remuneration paid to a judge to whom sections 131 to 134 apply shall be excluded from those salaries.
Any lump sump paid as a salary increase or adjustment for a preceding year forms part of the salary for that year.
A judge having held the office of chief judge, senior associate chief judge or associate chief judge for at least seven years is deemed, for the sole purpose of determining the amount of the judge’s pension, to have received, for each of the years taken into consideration, an annual salary at least equivalent to that of a puisne judge.
For the purposes of this section, the salary pertaining to a year of service covered by an agreement granting leave without pay or leave with deferred pay under section 122.0.1 is the salary the judge would have received if the judge had not been a party to such an agreement.
231. The average salary of a judge is the average salary of his three best remunerated years of service or, if he has less than three years of service, the average salary of all his years of service.
To determine the average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed in the orders made under section 115 up to the annual salary required, for the purposes of subparagraph 2 of the first paragraph of section 230, to arrive at the defined benefit limit applicable for each year under the Income Tax Act (R.S.C 1985, c. 1, (5th Suppl.)). However, the additional remuneration attached to the office of chief judge, senior associate chief judge, associate chief judge, president of the Human Rights Tribunal or chairman of the Professions Tribunal shall be included in those salaries only if the judge has held such an office for at least seven years. The remuneration paid to a coordinating judge, associate coordinating judge or judge responsible for the professional development of judges of the Court and any other remuneration paid to a judge to whom sections 131 to 134 apply shall be excluded from those salaries.
Any lump sump paid as a salary increase or adjustment for a preceding year forms part of the salary for that year.
A judge having held the office of chief judge, senior associate chief judge or associate chief judge for at least seven years is deemed, for the sole purpose of determining the amount of the judge’s pension, to have received, for each of the years taken into consideration, an annual salary at least equivalent to that of a puisne judge.
For the purposes of this section, the salary pertaining to a year of service covered by an agreement granting leave without pay or leave with deferred pay under section 122.0.1 is the salary the judge would have received if the judge had not been a party to such an agreement.
231. The average salary of a judge is the average salary of his three best remunerated years of service or, if he has less than three years of service, the average salary of all his years of service.
To determine the average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed in the orders made under section 115 up to the annual salary required, for the purposes of subparagraph 2 of the first paragraph of section 230, to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement). However, the additional remuneration attached to the office of chief judge, senior associate chief judge or associate chief judge shall be included in those salaries only if the judge has held such an office for at least seven years. The remuneration paid to a coordinating judge, associate coordinating judge or judge responsible for the professional development of judges of the Court and any other remuneration paid to a judge to whom sections 131 to 134 apply shall be excluded from those salaries.
Any lump sum paid as an increase or adjustment of salary for a preceding year forms part of the salary for the year during which it is paid. However, if the lump sum is paid during a year for which no service is credited, it forms part of the salary for the last year for which service is credited prior to the payment of the lump sum.
A judge having held the office of chief judge, senior associate chief judge or associate chief judge for at least seven years is deemed, for the sole purpose of determining the amount of the judge’s pension, to have received, for each of the years taken into consideration, an annual salary at least equivalent to that of a puisne judge.
For the purposes of this section, the salary pertaining to a year of service covered by an agreement granting leave without pay or leave with deferred pay under section 122.0.1 is the salary the judge would have received if the judge had not been a party to such an agreement.
231. The average salary of a judge is the average salary of his three best remunerated years of service or, if he has less than three years of service, the average salary of all his years of service.
To determine the average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed in the orders made under section 115 up to the annual salary required, for the purposes of subparagraph 2 of the first paragraph of section 230, to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement). However, the additional remuneration attached to the office of chief judge, senior associate chief judge or associate chief judge shall be included in those salaries only if the judge has held such an office for at least seven years. The remuneration paid to a coordinating judge or associate coordinating judge and any other remuneration paid to a judge on leave without pay or a judge to whom sections 131 to 134 apply shall be excluded from those salaries.
Any lump sum paid as an increase or adjustment of salary for a preceding year forms part of the salary for the year during which it is paid. However, if the lump sum is paid during a year for which no service is credited, it forms part of the salary for the last year for which service is credited prior to the payment of the lump sum.
A judge having held the office of chief judge, senior associate chief judge or associate chief judge for at least seven years is deemed, for the sole purpose of determining the amount of the judge’s pension, to have received, for each of the years taken into consideration, an annual salary at least equivalent to that of a puisne judge.
231. The average salary of a judge is the average salary of his three best remunerated years of service or, if he has less than three years of service, the average salary of all his years of service.
To determine the average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed in the orders made under section 115 up to the annual salary required, for the purposes of subparagraph 2 of the first paragraph of section 230, to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement). However, the additional remuneration attached to the office of chief judge, senior associate chief judge or associate chief judge shall be included in those salaries only if the judge has held such an office for at least seven years. The remuneration paid to a coordinating judge or associate coordinating judge and any other remuneration paid to a judge on leave without pay or a judge to whom sections 131 to 134 apply shall be excluded from those salaries.
Any lump sum paid as an increase or adjustment of salary for a preceding year forms part of the salary for the year during which it is paid. However, if the lump sum is paid during a year for which no service is credited, it forms part of the salary for the last year for which service is credited prior to the payment of the lump sum.
231. The average salary of a judge is the average salary of his three best remunerated years of service or, if he has less than three years of service, the average salary of all his years of service.
To determine the average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed in the orders made under section 115 up to the annual salary required, for the purposes of subparagraph 2 of the first paragraph of section 230, to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement). However, the additional remuneration paid to a chief judge, senior associate chief judge, associate chief judge, coordinating judge or associate coordinating judge and any other remuneration paid to a judge who is on leave without pay or to a judge to whom any of sections 131 to 134 applies are excluded from those salaries.
Any lump sum paid as an increase or adjustment of salary for a preceding year forms part of the salary for the year during which it is paid. However, if the lump sum is paid during a year for which no service is credited, it forms part of the salary for the last year for which service is credited prior to the payment of the lump sum.
231. The average salary of a judge is the average salary of his three best remunerated years of service or, if he has less than three years of service, the average salary of all his years of service.
To determine the average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed in the orders made under section 115 up to the annual salary required, for the purposes of subparagraph 2 of the first paragraph of section 230, to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement). However, the additional remuneration paid to a chief judge, senior associate chief judge, associate chief judge, coordinating judge or associate coordinating judge and any other remuneration paid to a judge who is on leave without pay or to a judge to which any of sections 131 to 134 applies are excluded from those salaries.
Any lump sum paid as an increase or adjustment of salary for a preceding year forms part of the salary for the year during which it is paid. However, if the lump sum is paid during a year for which no service is credited, it forms part of the salary for the last year for which service is credited prior to the payment of the lump sum.
231. The average salary of a judge is the average salary of his three best remunerated years of service or, if he has less than three years of service, the average salary of all his years of service.
To determine the average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed in the orders made under section 115 up to the annual salary required, for the purposes of subparagraph 2 of the first paragraph of section 230, to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement). However, the additional remuneration paid to a chief judge, senior associate chief judge, associate chief judge or coordinating judge and any other remuneration paid to a judge who is on leave without pay or to a judge to which any of sections 131 to 134 applies are excluded from those salaries.
Any lump sum paid as an increase or adjustment of salary for a preceding year forms part of the salary for the year during which it is paid. However, if the lump sum is paid during a year for which no service is credited, it forms part of the salary for the last year for which service is credited prior to the payment of the lump sum.
231. The average salary of a judge is the average salary of his three best remunerated years of service or, if he has less than three years of service, the average salary of all his years of service.
To determine the average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed in the orders made under section 115 up to the annual salary required, for the purposes of subparagraph 2 of the first paragraph of section 230, to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Statutes of Canada). However, the additional remuneration paid to a chief judge, senior associate chief judge, associate chief judge or coordinating judge and any other remuneration paid to a judge who is on leave without pay or to a judge to which any of sections 131 to 134 applies are excluded from those salaries.
Any lump sum paid as an increase or adjustment of salary for a preceding year forms part of the salary for the year during which it is paid. However, if the lump sum is paid during a year for which no service is credited, it forms part of the salary for the last year for which service is credited prior to the payment of the lump sum.
231. The average salary of a judge is the average salary of his three best remunerated years of service or, if he has less than three years of service, the average salary of all his years of service.
The annual salary is computed on the basis of the salary the judge received pursuant to the orders made under section 115 or, if the judge did not receive that salary, on the basis of the salary he would have received pursuant to those orders. However, the additional remuneration paid to a chief judge, senior associate chief judge, associate chief judge or coordinating judge and any other remuneration paid to a judge who is on leave without pay or to a judge to which any of sections 131 to 134 applies are excluded in computing the average salary.
Any lump sum paid as an increase or adjustment of salary for a preceding year forms part of the salary for the year during which it is paid. However, if the lump sum is paid during a year for which no service is credited, it forms part of the salary for the last year for which service is credited prior to the payment of the lump sum.
231. The judge who, at the time when he ceases to hold office, is not entitled to receive a pension under sections 228 to 230, is entitled, if he has held office for at least two years, to a deferred annuity established in the manner provided in the second paragraph of section 230 payable to him at seventy years of age; otherwise, he is entitled to the reimbursement of his contributions with the interest accrued at the rate fixed by regulation of the Government.
The judge entitled to a deferred annuity may at any time, before a pension becomes payable to him, obtain the reimbursement of his contributions with the interest accrued at the rate fixed by regulation of the Government.
In case of death, the reimbursement shall be made to his spouse or, if he has no spouse, to his assigns.
231. The judge who, at the time when he ceases to hold office, is not entitled to receive a pension under sections 228 to 230, is entitled, if he has held office for at least two years, to a deferred annuity established in the manner provided in the second paragraph of section 230 payable to him at seventy years of age; otherwise, he is entitled to the reimbursement of his contributions with the interest accrued at the rate fixed by regulation of the Government.
The judge entitled to a deferred annuity may at any time, before a pension becomes payable to him, obtain the reimbursement of his contributions with the interest accrued at the rate fixed by regulation of the Government.
